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HomeMy WebLinkAbout2002.0404.TCRM.PacketNOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Rick Melendez Councilwoman Hutcheson Councilwoman Fraverd Vice Mayor Kavanagh Councilwoman Ralphe WHEN: THURSDAY, APRIL 4, 2002 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to thk. ,owing rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan INVOCATION — Councilwoman Susan Ralphe ROLL CALL MAYOR'S REPORT Presentation of the Jack DeBolske Professional Excellence Award to Paul Nordin by members of the Arizona City/County Managers Association. Consent Agenda: IAll items listed with an asterisk (*) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all commended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a )uncilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an Iitem on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town of Fountain Hills Page 1 of 2 Last printed 03/29/02 10:56 AM *1.) Consideration of APPROVING THE MEETING MINUTES of March 14 and 21, 2002. ?.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Mr. Stephen McKinney for kw Fry's Food and Drug located at 14845 East Shea Boulevard. The application is for a transfer of an existing Series 9 Liquor license. *3.) Consideration of RESOLUTION 2002-14 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the northerly and westerly property lines of Plat 505B, Block 2, Lot 20 (16216 N. Boulder Drive) as recorded in Book 158, of maps, Page 43 records of Maricopa County, Arizona (John & Diane Hewitt) EA2002-02. *4.) Consideration of an ACCEPTANCE OF DEED REQUEST for ownership transfer to the Town from the Lakeside Village Association. The Lakeside Village Association has requested to donate their ownership of wash property to the Town (with staff stipulations). Colony Wash REA 2001-07 *5.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Colony Wash Condominiums, located at 12036 N. Chama Drive, aka Final Plat 206, Block 8, Lot 13, Case Number S2002-05. *6.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit The Mountain Sun Condominiums, located at 13442 N. Mountainside Drive, aka Final Plat 601-A, Block 1, Lot 2, Case Number S2002-07. *7.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Ibsen Estate Condominiums, located at 14240 N. Ibsen Drive, aka Final Plat 111, Block 5, Lot 8, Case Number S2002-08 8.) Presentation of a PROCLAMATION FOR STRONG CITIES AND TOWNS WEEK by Mark Mayer and Bryan Hughes on the "Spectacular Spring Fling" scheduled for Tuesday, April 9 in Fountain Park. ,.) Consideration of a CUT/FILL WAIVER for Firerock Country Club Parcel "J-2", Lot 7, aka 9706 Four Peaks Way, Case Number CFW2002-01. 10.) UPDATE AND DISCUSSION on the Town of Fountain Hills General Plan Update. 11.) CALL TO THE PUBLIC AND ADJOURNMENT. Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. DATED this 28thday of February, 2002 Cassie B. Hansen, Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. arcing documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 03/29/02 10:56 AM Town of Fountain Hills TO: Cassie Hansen FROM: Steve Gendler DATE: March 12, 2002 SUBJECT: Liquor License Application — Fry's Food and Drugs The purpose of this memorandum is to endorse the attached Liquor License Application for a Fountain Hills branch of the Fry's chain at 14845 E. Shea. The application is scheduled for consideration at the council meeting on April 4th. Executive Summary At first glance this "transfer application" for a class #9 license (09070635) may appear confusing in light of the fact that the license is issued to Smith's Food and Drugs and assigned to a Fry's on Val Vista in Gilbert. However, investigation showed that the corporation purchased the Fry's license in Gilbert and it is currently classified as "inactive". Since class #9 licenses are set by quota, state liquor regulations require that the license be put to use or it has to be relinquished for reassignment. Therefore, license 09070286 is being transferred to the proposed Fountain Hills store. This application is for transfer of a Class 9 liquor license under the specifications of ARS 4- 205.02. This license permits the sale of beer, wine, and liquor for off -premise consumption only. This is a valid, existing, class 9 license according to the State Liquor Department. The process of a "person" and "location" transfer is routine. A Class 9 license requires that the establishment be 300' or more from the nearest church or school. I have verified that they are in compliance with this regulation. This license will be used in the new Fry's center currently under construction on Shea. While the applicant made an error on section 16 of the application, it will not result in a proliferation liquor licenses since the only ones in existence or approved within a one-half mile radius are a class 12 (Pei Wei Asian Diner), two class 6 (Eagle Mountain and Firerock), and a class 11 (Copperwynd). Recommendation- Based on compliance with Title 4 relating to the Class 9 liquor license, the fact that the movement of the class 9 license under these circumstances is a common business practice, and assurances that the store will secure a Fountain Hills Business License, I recommend Council approval at the April 4th meeting. Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO OWN CLERK Date: 3/28/2002 Re: AGENDA ITEM #2 — FRY'S FOOD & DRUG LIQUOR LICENSE AGENDA ITEM #2 — FRY'S FOOD & DRUG LIQUOR LICENSE APPLICATION Mr. Stephen McKinney has submitted a liquor license application for the future Fry's Food & Drug store currently under construction at 14845 East Shea Boulevard. The application is for the transfer of an inactive Class 9 Liquor Store license currently held by Smith's Food and Drugs at one of their other stores. Class 9 licenses are "quota" licenses and when inactive, must be put to use within a year to avoid relinquishment and reassignment. The existing license is therefore being transferred to the new Fountain Hills location and re-establishing an "active" status. Marshal Gendler has done his background investigation and based on statutory compliance has forwarded a favorable recommendation. (Please see attached memo from Steve.) The property I twas posted for the statutory twenty -day time period and no written arguments for or against were received at Town Hall. The applicant has assured Marshal Gendler that a Fountain Hills business license will be obtained prior to opening. Staff recommends approval. f you have any questions, do not hesitate to contact Steve or me. Page 1 of 1 Cassie Hansen Last printed 3/28/2002 11:57 AM 3/28/2002 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �6�W, . ashington 5th Floor 400 W Congress #150 ,_._Plie eaix AZ 85007-2934 00 Tucson AZ 85701-1352 (602) 542-5141 � (520) 628-6595 RECEIVED APPLICATION FOR LIQ C? ` LICENSE LIAR 1 12002 TYPE OR PRINT- WITIt I„ CIS FOUNTAIN HILLS Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners Stockholders Officers or Maanaeers actively involved n the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ INTERIM PERMIT Complete Section 5 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sec"tioris 2, 3, 4, 11, 13, 15, 16, 17 l LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, -10, 13, 15, 16,47 SECTION 2 Type of ownership:, ❑ J.T.W.R.O.S. Complete Section 6url ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 CORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section.7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain'_ SECTION 3 Type of license and fees: LICENSE #: O 9 O % 04635 1. Type of License: -4 9 - L, Sk y b R 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 4-4-oa. 1 SECTION 4 Applicant:©. (All applicants must complete this section) V�b �(1 T 1. A 'PPlicant/Agents Name:T MGk, N 03C y S+�Pr� fk. Ci14tL. (Insert one name ONLY to appear on license) Past First Middle 2. Corp. /Partnership/L. L. C.: WS, 'F7E>od k -b(Lr.) 6 U-ai-- AS X4C (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: k`i S FbO a $ zNo (. %\( ,�0 I `) (Exactly as it appears on the exterior of premises) 4. Business Address: 1y $y(j E • S1 PG. '5L\JD• �00.�4a. a N.; l� s MAA.i C<)P S 8 S 26 8 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( W,4 & 4 6 Residence Phone: ( ) Is the business located within the incorporated limits of the above city or town? t9YES ONO 7. Mailing Address: V.U. C' 0)%, -* (oD I1, phX A-L 0So6,5-6a)6 City State Zip 8. Enter the amount paid fora 06, 07, or 09 license: $ N (Price of License ONLY) Accepted by: I ^, I DEPARTMENT USE ONLY Date: 1 1 Lic. # o?6T)( )i- :�� Fees: /00 $ or) Application Interim Permit Agent Change Club F. Prints TOTAL rXU(-kZNuvt; ArrL1l:A HUNJ I'A .Ei 5 APPROXIMATELY YU DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 1112000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your applicationstegding you will need an Interirr(Permit pursuant to A.R.S. 4-203.01.2. There MUST be a valid license of the same type you; plying for currently issued to the location. 3. Enter the license number currently at the lo. t?04'f+. � 4. Is the license currently in use? ❑ YES ;K NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, 6'c'eVKt K)��Cu , declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location . I have read this application and the contents and all statements are true, correct and complete. State of !'tt,+ 7z-Jal County of WA-; wpti X The foregoing instrument was acknowledged before me this (Signature) day of hl,44CJ1 --X Day of Month Month_ oFFIc My commission expires on: 0 3 '0? �'bJ- -� tinRMAN E. BARNETT �ry public - State of Arizona � MARICOPA COUNTY SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $ E 1. Individual: Last First Middle % Owned Residetice Address City State Partnership ;Name; (Only the first partner listed will appear on license) . Ie ; ♦ d .I General -Limited Last First Middle % nhv ri/ FOR EACH CARD. lJ El • ♦r r f ❑ „ m (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any persovdiher than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO 2 i SECTION 7 Corporation/Limited Liability Co.: PERSON LISTED MUST SUBn11T A COMPLETED FO ( "LI60101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. C . CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ElL.L.C. Complete questions,l, 4,`-5, 7g^d tktch copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: S. M N ` 1 00 A zKo (4 CWitr$ (Exactly as it appears on ArtiFjes of Inc. or Articles of Org.) tU' f P4AR - I r, 7 5 2. Date Incorporated/Organized: O 1- g State where Incorporated/Org ed: �LgwA4.% 3. AZ Corporation Commission File No.: F OOV I S4 " 3 M 'bate authorized to do business in AZ: 0y01!2-0 —8 j 4. AZ L.L.C. File No: ''VA Date authorized to do business in AZ: " JA 5. Is Corp./L.L.C. non-profit? ❑ YES NNO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle TiA. Vo ;Ao.... AdA.o nc eG�N hO��S Qa�c$. E, ���4 Vr,►�ur�� Jco h2 8S2S8 '%V,A14Ui ', \1A E. fJ "oa S Ph)c h Z 9Sp2_4 W ,.1 Wh-te'.en1 SeGT . M35 Edw"AS Rk C'-164r„al; D� 45ZO9, (Al"I'AC:H ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: First Middle % Owned Residence Address City State Zip Ge-�h�s s c 10D% k6 VA �'Ij t S1. C.4 c�a�a'� ail 4 SZoL IS A. \, woM-Dweje4 Serbs\ �t 0 F % ►l^ t Ti,l C. , Off Co. or- k— lm-n ftuiju iuntu. a=r L LC 1v t'.l.1raJHK T) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "L1C0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND EE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Date Residence Address (Attach a copy of Club Charter) State (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last 2. Assignee's Name: Last First Middle 3. License Type: License Num Date of Last Renewal: 4. ATTACH TO THIS APPLI A CERTIFIED COPY OF TI- F,,�W� ,l , &RO ATF ) kSTRIBUTION INSTRUMENT, OR DIVORCE DEC T SPECIFICALLY DISTRIBUTES TH9"`L ir'b R1 LICEfVS '`O THE ASSIGNEE TO THIS APP N. SECTION 10 'Government: (for cities, towns, or counties only) 1. Person to administer this license: Last 1 2. Assignee's Name: Middle First Middle' A SF.PARATFLICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 ' Person to Person Transfer:. Questions to be completed.by CURRENT LICENSEE (Bars -and Liquof Stores ONLY): 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle div., Agent, etc.) 2. Corporation/L.L.C. Name: 3. Current Business Name: ' 4. Current Business Address: (Exactly as it appears on license) '(Exactly as it appears on license) ' 5. License Type: License Number: 6. Current Mailing Address (other than business): Last Renewal Date'. ' A 7. Have all creditors, lien holders, interest holders, etc. en notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the busin while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to above described license to the applicant named in this application and hereby declare that the statements made in this section are true, c ect and complete. I, , declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print name) application and the ntents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me 7(Signature of CURRENT LICENSEE) day of , Day of Month Month Year commission expires on: 4 (Signature of NOTARY PUBLIC) SMITH'S FOOD & DRUG CENTERS, INC. Officers & Directors as of March 2002 Warren Bryant Chief Executive Officer James W. Hallsey President (Smith's Division) Thomas B. Rech President (Fry's Division) Wade S. Williams Senior Vice President Paul W. Heldman Vice President & Secretary James A. Klopp Vice President & Chief Financial Officer Scott L. Wippel, Senior Vice President 11880 Riverview Lane Wilsonville, OR 97070 James C. Aalberg, Vice President & Assistant Treasurer 3975 N.W. Fallcreek Place Portland, Or 97229 Mary Elizabeth Van Oflen, Assistant Treasurer 1500 Ebenezer Road Cincinnati, OH 45233 Bruce M. Gack, Assistant Secretary 1960 Rusticwood Lane Cincinnati, OH 45255 OLLC HC0Z N:AR - I P 2: 58 Directors Joseph A. Pichler 7780 Coldstream Woods Dr. Cincinnati, OH 45255 David B. Dillon 1050 East Roadwood, Dr. Cincinnati, OH 45208 Paul W. Heldman 1135 Edwards Road Cincinnati, OH 45208 6 %bw DLLC Questionnaire - Item #18 OL LC LISTING 9LIQUOR FINES E SMITH'S F061) &;;; 6`'DR G6ftERS d.b.a. FRY'S FOOD AND DRUG STORES LOCATION DATE STATUTE FINE DESCRIPTION Fry's #29 - University / Gilbert Mesa 11/8/1997 A.R.S. 4-241.A $500 Failure to check ID 11/8/1997 A.R.S. 4-244.9 Sale to Underage person Fry's #55 - Power / Baseline Mesa 12/27/1996 A.R.S 4-241.A $750 Failure to check ID 12/27/1996 A.R.S 4-244.9 Sale to Underage person Fry's #36 - Ina / Thornydale Tucson 11 9/26/1996 A.R.S 4-244.9 $500 Sale to Underage person Fry's #34 - Speedway / Pantano Tucson 5/13/1998 A.R.S 4-244.9 $750 Sale to Underage person Fry's #62 - Baseline / Country Club Mesa 2/24/1999 A.R.S 4-241.A $625 Failure to check ID 2/24/1999 A.R.S 4-244.9 Sale to Underage person Fry's #112 - Dysart / McDowell Avondale 7/1/1999 A.R.S 4-244.9 $500 Sale to Underage person 2/25/2000 A.R.S 4-244.9 $1,500 Sale to Underage person Fry's #46 - Baseline / 7`h Street Phoenix 4/20/2000 A.R.S 4-244.9 $625 Sale to Underage person 4/20/2000 A.R.S 4-241 Failure to check ID Fry's #11 - Bethany Home Rd / 67" Ave. Glendale 5/17/2000 A.R.S 4-244.9 $1,000 Sale to Underage person 5/17/2000 A.R.S 4-241 $250 Failure to check ID Fry's #24 - Ray & Rural 1/11/2001 (sold to minor) Verbal warning from DPS (no ticket) according to Store management. Clerk - Veronica Hernandez Updated February 1, 2002 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY TIIE STATE. Current Business Name and Address: *10 R�.. de-'i kcA 1>4c (Exactly as it appears on license) Y S7 G,'C,bes_ ; ft z 2. New Business Name and Address: F6 o A i D cW G . AL % O (Do not use PO Box Number) E• Shea_ gl.V Dyo,,j+c',a I� 5 h Z 8 5 No 3. License Type: 7 License Number: O 9 D % 6 (p 3 5j Last Renewal Date: 4. What date do you plan to move? ZAO 2. What date do you plan to open? b S= % S' O 2- SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: ft. Name/Address of school: ToJa'.+•a WAS K AM, ScLwa( (Regardless of distance) 3.3 2. Distance to nearest church: 20, oley ft. Name/Address of church: (Regardless of distance) 3 • $IF 1377 6 N. G.Aj ia'. ate►\, As la J 9 e� am the: ❑ LESSEE ❑ SUBLESSEE X OWNER El' ' PURCHASER (of premises) - � LLS. A-"' �S�d 4. If the premises is leased give lessors name and address: r4IA 4a. Monthly rental/lease rate $ P3 A . What is the remaining length of the lease?yrs 4b. What is the penalty if the lease is not fulfilled? $ "j A or other. (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ M /A Does any one creditor represent more than 10 % of that sum? ❑ YES X NO If yes, list below. Total must equal 100 %. Middle Owed Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) 44 Q�C',)ofz bt P 1: 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? CW ❑ YES XNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? OYES NtNO 9. Is the premises currently licensed,witha liquor license? ❑ YES XNO If yes, give license number and licensee's name: License #t (Exactly as it appears on license) Name 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If e e icensee's name: and lice Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an ? t to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section s application. 3. All restaurant applicants must ete a Restaurant Opira�io� Platr (York Ll�0$14) provided by the Department of Liquor. 4. Do you un that 40% of your. aSinual gross -revenue must be from food sales? ❑ YES NO SECTION 15 . Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that. apply to your licensed premises: ® Entrances/Exits ®' Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows Under construction: estimated completion date QS'�5-02 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous ,.liquor is ,to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. EXIT YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTIZANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. SECTION 17 Signature Block: I, Stephen Michael McKinney , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANVAGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. X (Signature) My commission expires on: March 20, 2005 State of Arizona County of Maricopa The foregoing instrument was acknowledged before me this n b'f*' day of YAt- .►� W 2- II Dty of Month Month Year of OFFICIAL SEAL Notary Public - State of Arizona My Comm. Expires Mar. 20, 2005 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indictes your proposed locati� and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed loca'M (See example below) A = Applicant Series 12 [��J2 `��'' ~� Pi �' S8 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12„ 03 Corner Liquors Series 09 i 04 Joe's Groceries Series 10 05 Lions Club �S_eries 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 10 11 St. Anthonys Church St. Anthonys School Burbank Middle School r ,-� M i . 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: A. No retailers license shall be issued for any premises which are. at the time the license application is receiu:ed by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school bui'lding.,with kindergarten programs or any of grades one(1) through twelve(12). or'within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. i ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 61-��/�' 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE, (520) 628-6595 AL SECURITY AND BIRTHDATE INFORIV ATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATEDLT4 JUE PUBLIC Read Carefully, this instrument is a sworn document. Type or print with black ink An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ^ There is a $24.00 arocessirt2 fee for each tin8erprint card submitted. ��O_3oq A service fee of $2$.00 will be charged for all dishonored checks (A.RS. ,W.6852) 1. Check appropriate box — 00. ❑Owner ❑Partner ❑Stockholder ❑Member Officer (g Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: McKinney Stephen Michael Date of Birth: 08-06-56 Last First Middle (Phis W01 Not Become a Part of Public Records) 3. Social Security Number: 264-31-6085 Drivers License #: 264316085 State: AZ (This Will Not Become a Part of Public Records) 4. Place of Birth: Niagra Falls N.Y. USA Height: 61-2" Weight: 220 Eyes: BRN Hair. BRN City State CountryMarital Status ❑ Single [A Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (�� 58B_- 0068 6. Name of Current or Most Recent Spouse: McKinney Julia Mae Szewczyk Date of Birth: 01-31-51 (List all for Last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? Arizona If Arizona, date of residency: 11/88 8 Telephone number to contact you during business hours for any questions regarding this document. (623 � 580 0068 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter.registration card. p &ame of Licensed Premises: �� `t' " 5^��Qy S�� "' 6 # 7� Premises Phone: &Icensefl Premises Address: e S�� &J �' �o -a ��S `LO�� el Y Liquor License tt Street Address (Do not use PO Box #) City County Zip (If this location is currently licensed) 12. List your employment or type of business durinR the Mast five (5) years, if unemployed part of the time, list those dates. List most recent 1st FROM Mattt>/Yar TO Mouth/YearOR DESCRIBE POSITION BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 10/98 CURRENT V.P. of Operations F'ry's Food & Drug Stores, Inc. S. 9.h Ave. Tolleson AZ 85353 09/93 09/98 Director of Deli Same as.above L7 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) ears: FROM Month/Year TO Month/Year RESIDENCE Street Address City State Zip 01 97 CURRENT 1618 E. Manna Phx AZ 85024 10/91 12/96 1233 E. Maggio Way. Chandler AZ 85223 LIC 0101 11 I2000 - - Disabled individuals requiring special accommodations please call (602) 542-9027 If you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating Ll YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) 0 YES ❑ NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 9 �j 16. Have you EVER been convkte flned posted bond been nr lt�o deposit bail, imprisoned had sentence suspended. placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include ana tfiRe thatcgere alcohol and/or drug relat 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked suspended or fined in this or any other state? /Iy„e r c.&4 U'>T- O f 19. Has anyone EVER filed suit or obtained a iudement aeainstyou in a civil action, the subject of which involved fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, ❑ YES ;(NO • ❑ YES $ NO ❑ YES ❑ NO iYES ❑ NO ❑ YES K NO gv-Qe M rrn Of mina= un any utner iuluor ucense m uus of any ouici stax : f e&Y1 6 %,� ar F-00- K s I` I — If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details._ Please be sure to include dates ajZeneies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If `yes", attach a copy of such agreement 24. I, Stephen Michael McKinney hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicanr) I have read this questionnaire and the contents and all statements are true, correct and complete. Ste- �-�vl2, My commission expires on.. (Signature of Applicant) 20- o3- os Day of Month Month Year State of Arizona Countyof Maricopa The foregoing instrument was acknowledged before me this of %nsZ e� , ZP oZ Mom/,—�day tir I ��1 OFFICIAL SEAL j FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE ORtAGENT APPROVING A Licensee or Agent Approval of Manager L_ 25. I, Trint Licensee/Agent's Name): Last Hereby authorize the applicant to act as manager for the named liquor license. (Signature of LICENSEEIAGENT) MiddUe First Notary Public - State of Arizona 20, State of County of The foregoing instrument was acknowledged before me this day of - Day of Mods Mooch My commission expires on: Day of Month Mach Year (Signature of NOTARY PUBLIC) Yor 0 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL G ,j PM-6 OV\ 1�7;tp 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ g5701-13,2 (602)542-5141 QUESTIONNAIRE (520)6286595 ,L SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUBLIC ncau %_4VU.u13y , tnrs instrument is a sworn document. Type or print with black ink An extensive investigation of our ba ii � � 1' � r g y ckground ill be condctctetL False o% incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER AGENT, PARTNER, STOCKHOLDER (lo% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPr FINGE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUORPRINTING MUST BE R. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24 00 processing fee for each fingerprint card submitted A service fee of $25.00 will be charged for all dishonored checks (A-R.S. 44.6852) I. Check ❑Owner ❑Partner ❑Stockholder []Member CROfficer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) box --00. Licensee or Agent must complete # 25 for a Manager Licensee or Agent must com lete # 25 2. Name: _Heldman a t l W Date of Birth: 08 / 11 / 51 Last First Middle Mds Will NotNot Become a Part of Public Records) 3 . Social Security Number. 296-40-9696 Drivers License#: RS466560 State: OH ('Phis Will NotlYot Become a Part of Public Records) 4. Place of Birth: Cincinnati OH USA City - State Camtry Height$" Weight: 195 Eyes: BrnHair Brn Marital Status ❑ Single ® Married ❑ Divorced ❑ Widowed Residence (Home) Phone: 13 ) 321 - 1278 Name of Current or Most Recent Spouse: Kirshner Deborah Merle n/a Date of Birth: 12/26/50 (List all for last 5 years - Use additional sheet Knecessary) Last First Middle Maiden 7. You are a bona fide resident of what state? Ohio If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. (51 '1) 762-4421 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. D Name of Licensed Premises: 4�-y S T,,o p 7 o Premises Phone: (_�)1 �'►� d L n� 11. 'censed Premises Address: �g�� t S�� 6W•rl, {52(o -�- Liquor License # Street Address (Do not use PO Box #) City County Zip (If this location is currently licensed) 12. List your emplovment or type of husine-z- during tha nact fives (S) FROM TO - - --- --- - _ .--I DESCRIBE POSITION a t vi uic UUM, 101. wU�>C udtes. List most recent 1st. EMPLOYER'S NAME OR NAME OF BUS SS Month/Year Month/Year OR BUSINESS (Give street address, city, state &zip) 3/82 CURRENT Attorney; Senior VP, The Kroger Co. 1014 Vine St. Cincinnati, OH 45202 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) vrnm- FROM Manth/Year TO Month/Year - - - --- RESIDENCE Shea Address City State Zi 6/89 CURRENT 1135 Edwards Road Cincinnati OH 45208 LIC 0 1 01 11f2 n:,�hl� -•, . c4_a 6 .1-- a uj„"ll n tlU,D PMAti,C Call I WL) >4L-WL/ [f you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating Ll YES NNO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proot) ❑ YES ❑ NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. ❑ YES CR NO • 15. Have you EVER been detained cited, arrested indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? ?losr�tr�i fic violations include only those that were alcohol and/or drug related 16. Have you EVER been convicted fined posted bond been ordefM td,kpesAbak'im sorted had sentence suspended, placed on probation or parole for violation of law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected, denied revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved fraud or misrepresentation ofa business, professional or liquor license? ❑ YES ® NO ✓h4AY ® YES C4 NO BYES ❑ NO ❑ YES DINO 20. Are you NOW or have you EVER held ownership, been a controlling_ person , been an officer, member, director, or man_ err on an other liquor license in this or any other state? The Kroger Co. and it' s subs idiariER YES ❑ NO hold liauor icenses in various states. if any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details._ I Please be sure to include dates, azencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ Nf If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing lice 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, Paul W. Heldman hereby declare that I am the APPLICANT filing this questionnaire. ( full name of App . ) I have read this questi and the tents and all statements are true, convect and complete. // / State of 01i0 Countyof '!t41nl L lO A C The foregoing instrument was acknowledged before me this (Signature of Applicant) My commission expires on: 5 g ©o Day of Month Moth Year _4O day of M/, 12Y old D! Day dMcn& Momh Yar (Six&ze of NOTARY PUBLIC) FILL IN TFUS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name): Last Middle Fust Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signan a of L IC$NSEEIAGENT) Dayd Moeh Minh Y= My commission expires on: Day of Month Match Year (Sigoauae. of NOTARY PUBI Q ie QUESTION 17 03L LC Because of the sheer number of supermarkets and convenience stores, there are minor administrative mattets_'Jending but r_aM-,,unaware of any criminal matter pending or a matter which, if corrected, would result in the revocation_ of any type of license or permit issued to The Kroger Co. or one of its subsidiaries. QUESTION 18 Licenses have been denied or rejected as to a particular location based upon statutory grounds and existing licenses have had fines levied against them and some have been suspended for short periods of time; however, I am unaware of any permit or license to sell alcoholic beverages having ever been revoked by any licensing authority. QUESTION 20 The Kroger Co., an Ohio corporation, including its subsidiaries (to include Smith's Food & Drug Centers, Inc.) currently operates 2343 supermarkets under different retail banners in 36 states and 787 convenience stores under six names in 15 states. The great majority of these facilities have alcoholic beverage permits of one sort or another. Since June 16, 1989, 1 have been an elected officer of The Kroger Co., and, at various times, an officer of most of its subsidiary corporations. I:\4428\4425\013001-6.wpd Paul W. Heldman LDLLC Questionnaire - Item #18 DLLC LISTING OF LIQUOR INE 5q SMITH'S FOOD & DRUG 1 ENTERS d.b.a. FRY'S FOOD AND DRUG STORES LOCATION DATE STATUTE FINE DESCRIPTION Fry's #29 - University / Gilbert Mesa 11/8/1997 A.R.S. 4-241.A $500 Failure to check ID 11/8/1997 A.R.S. 4-244.9 Sale to Underage person Fry's #55 - Power / Baseline Mesa 12/27/1996 A.R.S 4-241.A $750 Failure to check ID 12/27/1996 A.R.S 4-244.9 Sale to Underage person Fry's #36 - Ina / Thornydale Tucson 9/26/1996 A.R.S 4-244.9 $500 Sale to Underage person Fry's #34 - Speedway / Pantano Tucson 5/13/1998 A.R.S 4-244.9 $750 Sale to Underage person Fry's #62 - Baseline / Country Club Mesa 2/24/1999 A.R.S 4-241.A $625 Failure to check ID 2/24/1999 A.R.S 4-244.9 Sale to Underage person Fry's #112 - Dysart / McDowell Avondale 7/1/1999 A.R.S 4-244.9 $500 Sale to Underage person 2/25/2000 A.R.S 4-244.9 $1,500 Sale to Underage person Fry's #46 - Baseline / 7th Street Phoenix 4/20/2000 A.R.S 4-244.9 $625 Sale to Underage person 4/20/2000 A.R.S 4-241 Failure to check ID Fry's #11 - Bethany Home Rd / 671h Ave. Glendale 5/17/2000 A.R.S 4-244.9 $1,000 Sale to Underage person 5/17/2000 A.R.S 4-241 $250 Failure to check ID Fry's #24 - Ray & Rural 1/11/2001 (sold to minor) Verbal warning from DPS (no ticket) according to Store management. Clerk - Veronica Hernandez Updated February 1, 2002 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 .ARI -ONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ce� QUESTIONNAIRE Oa'p 400 W Congress # 150 Tucson AZ 85701-1352 (520)628-6595 SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUBLIC Read Carefully , this instrument is a swpt,.1 cumen� ! hype or print with black irll: An extensive investigation of your background will be conducted. False or incomplete answers could result Vyav in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR .A FINGERPRINTING SERVICE :APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Q6�3� There is a $24.00 processing fee for each finpernrint card submitted. Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S.44.6852) ( the location is currently licensed) 1. Check appropriate box —, 2. Name: ❑Owner ❑Partner ❑Stockholder ❑Member ®Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or A ent must com lete # 25 Rech Last Thomas First Barry Middle Date of Birth: 04-07-48 (This Will Not Become a Part of Public Records) 3. Social Security Number: 406-66-7201 Drivers License #: D02015370 State: AZ — (This Will Not Become a Part of Public Records) 4. Place of Birth: Cincinnati OH USA Height: 5`9 Weight 250 Eyes: BR Hair: BK City State Country Carital Status ❑ Single ❑ Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (4 g0 ) qq l -774 6. Name of Current or Most Recent Spouse: Rech Charlottle Anne Walker Date of Birth: 11-29-48 (List all for last 5 years - Use additional sheet if necessary) Last Fast Middle Maiden Arizona If .Ao izona, date of residency: _ Feb. 2002 7. You are a bona fide resident of what state? T 8 Telephone number to contact you during business hours for any questions regarding this document. (623) 9071902 9. If you have been a resident less than three (3) months, submit a copy of drivers license or voter registration card.p 10. Name of Licensed Premises: r �`� 0A 44'DA'`�� Premises Phone: ( ` ef`� '� 6 1 . Licensed Premises Address: vA $ yS t 6(1 �' �o✓ n-^ (� S �M* �`Q�i Street Address (Do not use PO Box #) City County Zip 11 T :... ,.....r ­.,L,.,. —t — ti of hnc:nncc inri the pact f..P (S) vpnm if ,mpmnloye(1 nnrt of the time. list thnse, dates. List most recent 1st. C FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF RUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) 2/02 CURRE NT President 5 t ,FOh&ADeg Stores Tolleson, AZ 85353 Kroger Co. 7/99 1/02 President 2620 FIrn Hill Pike Nashville, IN 37214 Kroger Co. 11/98 6/99 1 Executive Vice Pres. ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION fir rho lost f:,,o 0:n vaorc• . FROM Month/Year TO Montt✓Year RESIDENCE Street Address City State Zip 2/02 CURRENT 8311 E. Via De Ventura Scottsdale AZ 85258 11/98 01/02 750 Armstrong P1. Brentwood TN 37027 01/90 10/98 1102 Old Harrods Creek Rd. Louisville KY 40223 LIl- 11111l I JSI11M LIOa UILU 11 lul\ µtwill I njuu lllj .'J 1G I ,I...vu...... n _ P"— u... ,, —, f you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an e ' 15. Have you EVER been detained cited arrested, indicted or summoned into ilt rt f, .olation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For' tr ttolations, include only those that were alcohol and/or drug related 16. Have you EVER been convicted,fined posted bond been ordered tl'deposit hail, imprisoned had sentence suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or ned in this or any other state? 19. Has anyone EVER flied suit or obtained a iudgment against you in a civil action, the subject of which involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person_ , been an officer, member, director, or manager on any other liquor gum in this or any other state? LJ YES LJNO ❑ YES ❑ NO xtsting license. ❑ YES 19 NO ❑ YES 19 NO ❑ YES ® NO W YES ❑ NO ❑ YES ® NO fd YES ❑ NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details._ Please be sure to include dates, aZencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement. 24. I, Thomas B. Rech , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. (Signature of Applicant) My commission expires on: 20th March 2005 Day of Month Mooch Year State of Arizona County of Maricopa The foregoing instrument was acknowledged before me this rr� day of (Sign t= M°°b OFFICIAL SEA& e NORMAN E. BARNETT FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A 20, Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name): Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of . The foregoing instrument was acknowledged before me this day of (.Signamm of LICFNSEEIAGENT) Dayof Mosh Mouth Yew My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) �W DLLC Questionnaire - Item #18 �Urp,1LL C LISTII /,?OF� LIQ Qg ES SMITH'S FOOD & b UG CENTERS d.b.a. FRY'S FOOD AND DRUG STORES LOCATION DATE STATUTE FINE DESCRIPTION Fry's #29 - University / Gilbert Mesa 11/8/1997 A.R.S. 4-241.A $500 Failure to check ID 11/8/1997 A.R.S. 4-244.9 Sale to Underage person Fry's #55 - Power / Baseline Mesa 12/27/1996 A.R.S 4-241.A $750 Failure to check ID 12/27/1996 A.R.S 4-244.9 Sale to Underage person Fry's #36 - Ina / Thornydale Tucson 9/26/1996 A.R.S 4-244.9 $500 Sale to Underage person Fry's #34 - Speedway / Pantano Tucson 5/13/1998 A.R.S 4-244.9 $750 Sale to Underage person Fry's #62 - Baseline / Country Club Mesa 2/24/1999 A.R.S 4-241.A $625 Failure to check ID 2/24/1999 A.R.S 4-244.9 Sale to Underage person Fry's #112 - Dysart / McDowell Avondale 7/1/1999 A.R.S 4-244.9 $500 Sale to Underage person 2/25/2000 A.R.S 4-244.9 $1,500 Sale to Underage person Fry's #46 - Baseline / 7m Street Phoenix 4/20/2000 A.R.S 4-244.9 $625 Sale to Underage person 4/20/2000 A.R.S 4-241 Failure to check ID Fry's #11 - Bethany Home Rd / 671h Ave. Glendale 5/17/2000 A.R.S 4-244.9 $1,000 Sale to Underage person 5/17/2000 A.R.S 4-241 $250 Failure to check ID Fry's #24 - Ray & Rural 1/11/2001 (sold to minor) Verbal warning from DPS (no ticket) according to Store management. Clerk - Veronica Hernandez Updated February 1, 2002 D L Ur uestio,nnairesAttachment Question # 12 (continued) : January 1996 to October 1998 — Vice President of Operations The Kroger Co. 10168 Linn Station Rd. Louisville, KY 40223 Question # 18 Occasionally, licenses have been denied or rejected as to location based upon statutory grounds. Some existing stores have had fines levied against them, but I am unaware of any permit or license that has ever been revoked by any licensing authority. See attached list of violations/fines paid by Smith's Food & Drug Centers, (DBA) Fry's Food & Drug Stores. Question 920 As President of the Nashville Kroger Marketing Area (KMA) stores, I was a Representative on the beer licenses for the stores operating in the state of Kentucky. (7/99 to 12/01) I�1mu ►J Thomas B. Rech Chron 39 O��^fAi1V 3 s �• i� � �,Oat is • Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer REVIEWED: Randy Hat20 n Engineer���,� THROUGH: Roy Pedeerim Town Manager DATE: March 26, RE: Easement Abandonment 2002-02; Resolution 2002-_14 16216 N. Boulder Drive Plat 505B, Block 2, Lot 20 John and Diane Hewitt This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northerly and westerly property lines of Lot 20, Block 2, Plat 505B, (16216 N. Boulder Drive) as shown in Exhibit "A". The property owners of Lot 20 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The easterly 20' of the northerly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. The adjoining lots have swales draining directly to the street. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 20 are required to pass the developed flows generated by the upstream lots across their property. The grading, boulders, cactus, and shrubs placed on this lot obstruct the intersection sightline along Boulder Drive from the Kim Drive intersection. These boulders and shrubs should be removed, and the affected area graded down as necessary, per attachment "B". No Vehicular Sight Easement is needed since the vehicular sightline remains entirely within the existing right-of-way. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. EA2002-02; Res. _ Plat 505B, Blk 2, Lot 20 (16216 N. Boulder Drive) Hewitt.doc 16836 East Palisades Boulevard, Building C — P.O. Box 17958 —,Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Chron ,9 Staff recommends adoption of Resolution 2002- 4 subject to the following stipulation: • Remove vegetation, boulders, and earth to lower and clear to 2' below the intersection vehicular sightline area from Kim Drive looking north onto Richwood Avenue, as shown on Exhibit B. (Staff has met with the homeowner and determined that seven (7) boulders need to be relocated; some minor grading done; and some shrubs trimmed in the future or relocated.) ice att. cc: John & Diane Hewitt Peacock Family Trust M/M Khan EA2002-02; Res. _ Plat 505B, Blk 2, Lot 20 (16216 N. Boulder Drive) Hewitt.doc 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 �Vhen recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2002-14 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY AND WESTERLY LOT LINES OF LOT 20, BLOCK 2, OF PLAT 505B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the northerly and westerly property lot lines of Plat 505B, Block 2, Lot 20, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 158 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 20 are required to pass the developed flows generated by the upstream lots across their property. SECTION_9. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 2002-1A Page 1 of 2 Iq PASSED AND ADOPTED this 4th day of April 2002. ATTEST: FORHE TOWN OF Cassie B. Hansen, Town Clerk Sharon Morgan, M NTAIN HILLS ED BY- APPROVED AS TO FORM: + rs n, Interim Town Manager William E. Farrell, Town Attorney Resolution 2002-14 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505B BLOCK 2 LOT 20 PLAT 505� BOOK 158 \ - �HW p p p AGE 43 - � _q VE i LOT 18 i \ LOT 19 RETAIN THE EASTERLY I 20' L.F. OF P.U.E. ABANDON D.E. � I i I 13 I LOT 21 I N Ir I� Iz I I SCALE: 1 "= 40 DATE: 1-29-02 L— — — — — — — — — EAST \ I 1 101 (W 0 J I� es ABANDON 10' I P.U.E. & D.E. co z BLOCK 2 11 LOT 20 �/,� 35' 35' ROW ROW~ I `n NO 00 of �• EAST 100.00 g0 Is KIM DR 16545 RANDY L. o?or4A. CV I i I V � ,4 TOWN OF FOUNTAIN HILLS DO NOT VEHICULAR SIGHT LINE RECORD ATTACHMENT "B" PLAT 505B BLOCK 2 LOT 20 AT 505 4.25' HIGH— I ' BO 158 NNW i s AGE 4 ' D q VE I CURB W � Zra a I LOT 18 I / �i C) Q LOT 19 / / I �,' ILL Z \� L------------ 9 � 8 IW p � L— I J I� REGRADE & REMOVE 1 m BOULDERS & VEGETATION AS NEEDED FOR VEHICULAR SIGHT LINE. i LOT 21 BLOCK 2 o i LOT 20 ; `'J -/ - -SCALE: 1"-40r - - - - - - DATE: 1-29-02 PROPERTY LINE CURB I KIM DR —36' CD 1 13 24 f'r RAN Y L. ,If e HA REL t Chron 13 O��yTA1N w101, AST. 1919 a that is ) Town of FOUNTAIN HILLS Engineering Department TO: Honorable Mayor and Council FROM: Randy L. Harrel THROUGH: Roy Pederson DATE: February 28, 2002 MEMORANDUM RE: Colony Wash (REA 01-07) Request for ownership transfer to Town from The Lakeside Village Association, Inc. In 1997, the Town acquired 162 wash land and other open space parcels from MCO, (Engineering Department File # REA 97-04 and REA 97-05). One parcel of Colony Wash was deleted at the last ILminute from the proposed transfers because MCO's title search indicated that MCO was not actually the property owner. In updating our records and maps, this discrepancy was noted by Ken Valverde on our staff. Staff contacted the actual property owners —the Lakeside Village Association —who were also surprised to find that they were the property owner. The Association has requested to donate their ownership of this wash property to the Town. Town staff has prepared the transfer documents (attached) for the Council's consideration. The Town did selective tree trimming and non-native (fire hazard) plant removal on this property and other Town -owned sections of Colony Wash in FY 2000. Although the Town normally confines this type of work to Town -owned property, staff believes that the drainage easement on this property gave the Town the right —though not the obligation —to have performed that work on this property, in any case. Staff recommends the following stipulations if the Council wishes to accept the ownership of this property: Town staff will have a Phase I Environmental Assessment prepared for this property to update the one performed in 1997. If major work items are found to be necessary, the Association will have the work performed, or will re -submit a revised proposal for these corrections, to the Council. Page 1 of 2 REA01-07 Colony Wash Transfer to Town from The Lakeside Village Assoc Chron 13 MI 2. Town staff will have a title report prepared to re -verify ownership and determine easements and other rights of use. 3. Town staff will have a boundary or ALTA survey performed to determine encroachments, if any, into this property. Any encroachments shall be satisfactorily resolved prior to the transfer. Staff recommends approval of the acquisition of this portion of Colony Wash, subject to the above stipulations. /jb att. Special Warranty Deed Exhibit A — Parcel Acquisition Map 9-13-01 Letter from Dan G. Curtis to Scott Brendemuhl 12-5-01 Letter from Dan G. Curtis to Scott Brendemuhl Lakeside Village Association Board Resolution to transfer the property cc: Tom Ward Ken Valverde Scott Brendemuhl/Lakeside Village Association File (for reference) REA 97-04 and REA 97-05 Page 2 of 2 REA01-07 Colony Wash Transfer to Town from The Lakeside Village Assoc When Recorded Return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 SPECIAL WARRANTY DEED GRANTOR: THE LAKESIDE VILLAGE ASSOCIATION, INC., an Arizona nonprofit corporation GRANTEE: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE CONSIDERATION OF Ten Dollars ($10.00) and other valuable considerations, The Lakeside Village Association ("Grantor"), hereby conveys to the Town of Fountain Hills, ("Grantee"), the following real property situated in Maricopa County, Arizona, together with all improvements thereon and all rights and privileges appurtenant thereto the property consists of one (1) parcel, of Colony Wash, Fountain Hills, Arizona; MCR 90- 335875 a recordation of Anderson -Nelson Legal No. 564. See Exhibit "A" attached hereto and incorporated herein by this reference. EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals, minerals, fossils, and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value; and EXCEPT all underground water in, under or flowing through the Property and water rights appurtenant thereto; and SUBJECT to all taxes and other assessments, reservations in patents or all easement, covenants, conditions, restrictions, reservations, rights and rights of way, obligations and liabilities as may appear of record, and to all Federal, State, County, District and local laws, ordinances, regulations, zoning codes and the like as the same now exist and as may be hereafter established or amended. Grantor hereby waives, releases and relinquishes all surface rights to the Property, including without limitation the rights of ingress and egress on, to, over and across the Property for the purpose of testing, drilling, mining, removing, producing, storing, treating or transporting any of the above excepted substances, by pipeline or otherwise, or the performance of any mining operations, removal of earth, or for any other purposes. Provided, however, nothing herein contained shall be construed as waiving, releasing or relinquishing any right, title or interest of Grantor in and to the above excepted substances in and under and that may be produced from the property. F� Dated this 14�1�11 day of /y ACf�, 2002. The Lakeside Village Association, Inc., an Arizona nonprofit corporation PO Box 18450 Fountain Hills, AZ 85269-8450 By - Representative for the Lakeside Village Association, Inc. Date: —/y— 2 STATE OF ARIZONA ) )H County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this / 3 �-k day of 2002, IN WITNESS WHEREOF, I hereunto set my hand an official seal. A, �FS/6-4:-N i L V4 Notary Public OFFICIAL SEAL } �JANICE E. BAXTER My Commission Expires: / 9 0 �f Nol�Mb�NA`t�NTM eye My corn, expires Nov. 19, 2004 TOWN OF FOUNTAIN HILLS PARCEL ACQUISITION EXHIBIT "A" COLONY WASH MCR 90-335875 SAGUARO BLVD. ---� L1 POINT OF RFGINNING CURVE TABLE NO. DELTA LENGTH RADIUS Cl 90'00'00" 31.42' 20.00' C2 13*58'10" 80.46' 330.00' C3 53*14'01" 371.65' 400.00' C4 53*14'01" 292.67' 315.00' C5 25'45'59" 119.17' 1 265.00' C6 22'55'00" 269.98' 1 675.00' LINE TABLE N0. I BEARING LENGTH L1 N01'10'00"E 150.00' L2 S88'50'00"E 269.37' L3 S89'34'46"E 260.76' L4 N60'30'00"E 544.56' L5 S51'00'00"E 347.34' L6 S85'59'01 "E 42.10' L7 S32'45'00"E 185.55' L8 S57'15'00"W 85.00' L9 N32'45'00"W 185.55' L10 N85'59'01"W 351.87' L11 S68'15'00"W 278.18' L12 N88'50'00"W 423.38' PARCELS, DISTANCES, COURSES AND L9 EASEMENTS SHOWN ARE EXISTING AND OF RECORD IN ACCORDANCE WITH o ANDERSON-NELSON LEGAL NO. 564 �9y RECORDED IN MCR 90-335875, AND L8 ARE NOT THE RESULT OF A FIELD SURVEY, AND DO NOT CREATE ANY o\ NEW PROPERTY LINES OR EASEMENTS. i J0p\ PARCEL TO BE ACQUIRED L3 KIWANIS SITE/�9NiS SRP SUBSTATION L4 SITE p 0 10' POWER LINE EASEMENT 0 ? J4 c..> o° L5 GP tp, L6 16545 a _ RANDY L. SCALE: 1 "=250' DATE: 10-12-01 SEP 14 '©i 10:02AM DYEKMAN CURTIS 480 481 0555 P.2i2 Curtis & Cohen, P.L.C. Attorneys at. Lai, September 13, 2001 Mr. Scott $rendemuhl Fountain View Realty Post Office Box 18450 Fountain Hills, Arizona 85269 Re:! Lakeside Village Dear Scott' This letter is in response to your request for our opinion concerning the ability of the Lakeside 'Village Association to convey the Colony Wash to the Town of Fountain Hills, as contemplated by the Board and the Town. Article X, Section 2 (f) of the Articles of Incorporation for the Association provides that the Association may "dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association." Article VIII Section 1 (c) of the Bylaws of the Association provides that the Board of Directors shall have power to "exercise for the Association all power, duties and authority vested in or delegated to the Association and not reserved to the Members by other provisions of these Bylaws, the Articles or the Declaration_" I found no provisions in the Articles, Bylaws or Declaration which reserved the transfer of Common Areas as contemplated by Article X, Section 2(f) of the Articles. Accordingly, it is my opinion that the Board has the authority to adopt the resolution approving the transfer of the Colony Wash portion of the Common Area to the Town of Fountain without further action or approval of the Members of the Association. please let me know if I can furnish any additional information in connection with this matter_ DGC:wes 6750 East Carnelback Road • Suite 104 • Scottsdale, Arizona 85251-2015 Phone: 480.481.0202 • Fax: 480.481.0555 12%05/2001 WED 14:24 FAX 480 837 7435 FOUNTAIN VIEW REALTY INC 10003/008 DEC 05 '01 01=0@PM DYEKMRN CURTI5 490 491 0555 P.2/2 Curtis i? Cohen, F.L.C. Attorneys' at Lad December 5, 2001 Mr. Scott Brendemuhl Fountain 'View Realty Post Office Box 18450 Fountain Hills, Arizona 85269 Ran Lakeside Village Dear Scott: This letter is in response to your request for our review of documents conoerning the transfer of the Colony Wash to the Town of Fountain Hills. I have reviewed the proposed Special Warranty Deed prepared by the Town of Fountain Hills, and I believe it is satisfactory, with the exception that the official corporate name of the Grantor is "The Lakeside Village Association, Inc." and the deod should be corrected to reflect the correct name of the Grantor, and should also reflect that it is an Arizona nonprofit corporation. If the Board has not already done so, it should adopt a resolution agreeing to transfer this property to the Town. Please Ict me know if I can furnish any additional information in connection with this matter. DGC:weG Sincerely, Dan G. Curtis b750 Fast Came]bac� Roaa • Suite 104 • Scottsdale, Aria_ona $5251-2015 Phone: 480.481.0202 0 Fax: 480.481.0555 ACTION IN WRITING OF THE BOARD OF DIRECTORS OF LAKESIDE VILLAGE ASSOCIATION, INC. The undersigned, constituting all of the members of the Board of Director of Lakeside Village Association, Inc., an Arizona nonprofit corporation (the "Association"), hereby take the following actions in writing and without a meeting pursuant to Section 10-2548, Arizona Revised Statutes, which actions shall have the sarne force and effect as if taken by the Board at a duly called meeting of the Board: RESOLVED, that pursuant to Article X, Section 2 (f) of the Articles of Incorporation of. the Association, in order to reduce its maintenance costs and limit future liability, the Association hereby agrees to transfer to the Town of Fountain Hills the portion of the Cornmon Area of the Association known as Colony Wash, as shown and described on that certain Exhibit A - Colony Wash, prepared by Randy L. Harrel, Registered Land Surveyor dated October 12, 2001. FURTHER RESOLVED, that all actions of the officers and directors of the Association in connection with the negotiations with the Town of Fountain Hills relating to the transfer of Colony Wash are hereby ratified, and the president of the Association is hereby authorized to take such actions as may be necessary or appropriate to implement the above resolution, including executing all doctunents and instruments, including without limitation a special warranty deed transferring title to the property in question tothe Town of Fountain Hills. Dated this � day of 1X 2002. J BEING ALL OF THE DIRECTORS OF THE CORPORATION goo/goo 2] ONI 111VU AaIA NIVINaOl SCFL L£S 00 XVJ S£ : TT IH1 ZooZ %SZ To TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Techniciar�j DATE: March 29, 2002 SUBJECT: Planning & Zoning Commission recommendation of "Colony Wash Condominiums", a two -unit condominium project. On March 28, 2002 at their regular meeting, the Town of Fountain Hills Planning & Zoning Commission unanimously voted to recommend approval of "Colony Wash Condominiums".. There are no off -site improvements or Improvement Plans needed for this plat. The plat is a request by Colony Wash Condominiums, Ronald Homyak, Julie Homyak, Arthur Homyak, and Lois Homyak, which would condominiumize two units located 12036 N. Chama Drive, aka Lot 13, Block 8, Final Plat 206. Please refer to the attached Planning & Zoning Commission and Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT March 29, 2002 CASE NO: S2002-05 PROJECT MANAGER: Joan Blankenship LOCATION: 12036 Chama Drive, aka Lot 13, Block 8, Final Plat 206. REQUEST: Consider the Preliminary Plat for "Colony Wash Condominiums", a two- unit condominium project. DESCRIPTION: OWNERS: Ronald W. Homyak, Jr Julie Homyak Arthur E. Homyak Lois H. Homyak APPLICANT: Ronald W. Homyak, Jr Julie Homyak Arthur E. Homyak Lois H. Homyak EXISTING ZONING: R-2 EXISTING CONDITION: Two -unit complex under construction LOT SIZE: 13,838 square feet (0.3177 acres) CSURROUNDING LAND USES AND ZONING: NORTH: Existing multi -family, zoned R-2 SOUTH: Colony Wash, zoned R-2 EAST: Existing multi -family, zoned R-2 WEST: Existing multi -family, zoned R-2 SUMMARY: This request is for approval of the Preliminary Plat "Colony Wash Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owners, Ronald W. Homyak, Jr, Julie Homyak, Arthur E. Homyak, and Lois H. Homyak have chosen to convert a two -unit complex currently under construction, and record a Declaration of Condominium to own individual units that could be sold independently. Building permits were issued for the structure on November 22, 2000 and for the pools on April 26, 2001. The units will have a maximum livable area of 2,619 square feet, and a minimum livable area of 2,157 square feet. Each unit has a covered patio, a two -car garage, and a swimming pool RECOMMENDATION: On March 28, 2002, the Planning & Zoning Commission, by unanimous vote, recommended approval of 4W 52002-05; Preliminary Plat "Colony Wash Condominiums". Staff recommends approval of this preliminary plat. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT VDOMINIUM PLAT APP i`CaTInMW 11 =Aftio Date F' ed ., , 4 T '�z 1L � , ' Fee Paid ✓ F. C� <j Accepted By / V Condominiu Name Condominium Address 0M A� — Legal Description of Lot/Parcel Being Platted Plat Block Q Parcel Size Lot(s),3 Number of Units Number of Tracts v Of Zoning 0A/E _ General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) s G �plicant Day Phone Address /zez _3 . i F �•,.�Hls 61.,City ST Zip WEI Owner J ,AIQ 11111- J'O l%C /oN' y a j- Day Phone ''k Address H� ils 61 Ci ST Zi JA Attachments (Please list) �l natuJ ner� I HERBY AUT ORI E (Plea Print) Date h• .a L_ TO FILE THIS APPLICATION. Sub ribed and sworn fore this �,� 2-C� day of Z My Commissi Notary Public , CnNNA L HO / f ►� r:: , APY Puguc-ARt2o1M ROMCOPA CONTY EVira . t, W eal) TFH Case Number Fee Schedule Attached 1 0 1 CV Z C N Z ;w Z � w 0 � CDm z o W� 0 0 l� U i;i�t } EL z do �} O CC U w 0 t i d 0 J y J ■ u � / J 6� J IlE J J J lSTM PT it i t•� � 3! �En 3- L I i I _0 H L . i s � a tt` u m 2 6 8 J LL A 3 A O,�f. a z ii1�f o _U oll a r—cam w o r—r— F— � Z Cd O TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Technician DATE: March 29, 2002 SUBJECT: Planning & Zoning Commission recommendation of the Preliminary Plat for "The Mountain Sun Condominiums", a two -unit condominium project. On March 28, 2002 at their regular meeting, the Town of Fountain Hills Planning & Zoning Commission unanimously voted to recommend approval of the Preliminary Plat for "The Mountain Sun Condominiums". There are no off -site improvements or Improvement Plans needed for this plat. The plat is a request by Nicole Roberts, Vice President of 123456 US Limited, which would condominiumize two units located at 13442 N. Mountainside Drive, aka Lot 2, Block 1, Final Plat 601-A. Please refer to the attached Planning & Zoning Commission and Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT March 29, 2002 CASE NO: S2002-07 PROJECT MANAGER: Joan Blankenship LOCATION: 13442 N. Mountainside Drive, aka Lot 2, Block 1, Final Plat 601-A. REQUEST: Consider the Preliminary Plat for "The Mountain Sun Condominiums", a two - unit condominium project. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Nicole Roberts, 123456 US Limited Nicole Roberts, 123456 US Limited R-3 Two -unit complex under construction 14,011 square feet (0.322 acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi -family, zoned R-3 SOUTH: Existing multi -family, zoned R-3 EAST: Existing multi -family, zoned R-4 WEST: Existing multi -family, zoned R-3 SUMMARY: This request is for approval of the Preliminary Plat "The Mountain Sun Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Nicole Roberts, Vice President of 123456 US Limited; an Arizona Corporation, has chosen to convert a two -unit complex currently under construction, and record a Declaration of Condominium to sell the units Individually. A building permit was issued for the two -unit complex on November 29, 2001. Each unit will have a maximum livable area of 1,939 square feet, a covered patio and a two -car garage. RECOMMENDATION: On March 28, 2002, the Planning & Zoning Commission, by unanimous vote, recommended approval of S2002-07; Preliminary Plat "The Mountain Sun Condominiums". Staff recommends approval of this preliminary plat. / 40 I � TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT CQNDOMINIUM R,a VAPP ICAT10N JJ I' Date Filed Fee Paid# 46.j,60.1- _j Condominium Na a /HdvNT-t+/ #j SV ,r Condominium Address �3y a 0%• #kA 0-1 Legal Description of Lot/Parcel Being Platted Acceptet Plat 4(oe& Block Lot(s) Parcel Size Number of Units • • Number of Tr cts PFZoning �-3 General Plan Land Use Designation Density Requested (Dwelling UrAs Per Acre) G. • Applicant `fir. wiewz Address Ile-TV7 49• Owner Pl- 4 Address Attachments (Please list) _Aee, r&1 '.0 . _I P% If ay Phone 137-e 'P � � . �/� 5Az Zi s!07 Day Phone City ST Zip Signature of Owner I HERBY AUTHORIZE (Please Print) • TO FILE THIS APPLICATION. Subscribed and sworn before me this day of Notary Public My Commission Expires Date A o- 1 /0 —C)., TFH Case Number Fee Schedule Attached 19 V 9 ?rerrr ]pe pQ(� =_�Y il.r.�y..�' `r...Y''•T}}�}}},,,,,1_..� Q 3 / 91 r Mill is !l } F33�¢ � 1 f•,.. a :'' i I �D ` CL F- r iti6 hj?g8 Z �- 9-O Ee �F 5 999it it } filly g�D yy c§ r 1 $B§ F 4 96994E §4 6e1 •'rlgyd Cc i -- --- J—� r U p- w _ \ N M •FO `� Q b b V J V �W •ss / a-UU z � < Y LL K b J W o Z N E., u 5= J p F— �q� J � ILL.N LU a Yg w e O/ 9 jj �F b `r V Q aD W o H �� o 3 J o � M /M � W � I a � J Fig ._1 " LLLL 'ee J ' 3 _77 �$74 et�p t ° 111wllXt ° e i ss1I ! f Oft!F 4 X C° S t d !1 r19��$� �r �tt Q i � t�D a X3! � � t' @ � ° ■ �$ � tXe ■■1;���� ��pQP �� !p ��Xr � � ��{�Ce°��° USX ����X!` ��t�,�°� �� ll�� � 4Dt � Sg �D y� $XiR��X�� p 6d�q. �� Xg•�. g y°d gX� C` y �� i°9°X ai 9 r%�XP�9 9 �gg��p[pe Y� IGF i Is arrQ 8 [[ rrCf�it- 'Xe�fl-�j�9 D �p1 $QDFi�`� f■ e S �4{J f 6! ppiI'I ii$p1 C e IFFFttt�El�� � � M y D° E � eXtie,, ,p� E r----------------FF _TF F —� I I a 7.,�7 a m L Z I ? m _= JII I � I I 11 L----------------� I I I I .6. iiNn `3-3-1 Y. iiNn •3 31 I I OUVd 0383400 OUVd OM31oJ I I I I I I I I I I I m F I I I I I J I I I I 11 a m O � X J� cm 319:d. C 11 I II FA - _\ � g �aatyt�1M1 �p�a5� _ \ gggq F- 0 J 9 . Iee J� NAI r J •ss � �� �I � Y� 1 i � � • rr+: r �1 Pei 7sj,KJ 1 I � 1 1 /J , 1, 1, 1, 1, 11 I 11 1, I it II I I, II 1 ( 11 1 I I M M l w J ,: / w 9_ e A 1 II Z--�I— TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Technicia4 DATE: March 29, 2002 SUBJECT: Planning & Zoning Commission recommendation of "Ibsen Estate Condominiums", a two -unit condominium project. On March 28, 2002 at their regular meeting, the Town of Fountain Hills Planning & Zoning Commission unanimously voted to recommend approval of the Preliminary Plat for "Ibsen Estate Condominiums". There are no off -site improvements or Improvement Plans needed for this plat. The plat is a request by Josephine Savino, a Trustee for the Savino Trust Family, which would condominiumize two units located 14240 N. Ibsen Drive, aka Lot 8, Block 5, Final Plat 111. Please refer to the attached Planning & Zoning Commission and Staff report for additional details regarding this request. ® TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT March 29, 2002 CASE NO: S2002-08 PROJECT MANAGER: Joan Blankenship LOCATION: 14240 N. Ibsen Drive, aka Lot 8, Block 5, Final Plat 111. REQUEST: Consider the Preliminary Plat for "Ibsen Estate Condominiums", a two- unit condominium project. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Josephine Savino, Trustee of the Savino Trust Family Josephine Savino, Trustee of the Savino Trust Family R-2 . Existing two -unit complex 16,933 square feet (0.3887 acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi -family, zoned R-2 SOUTH: Existing multi -family, zoned R-2 EAST: Existing multi -family, zoned R-2 WEST: Existing multi -family, zoned R-2 SUMMARY: This request is for approval of the Preliminary Plat "Ibsen Estate Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, the Savino Trust Family has chosen to convert an existing two -unit complex, and record a Declaration of Condominium to sell the units Individually. The units will have a maximum livable area of 1,760 square feet, and a minimum livable area of 1,386 square feet. Each unit has a covered patio and a two -car garage. RECOMMENDATION: On March 28, 2002, the Planning & Zoning Commission, by unanimous vote, recommended approval of S2002-08; Preliminary Plat "Ibsen Estate Condominiums". Staff recommends approval of this plat. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed / Fee Paid 1 C U Accepted By 0 L d Condominium ame // .�- 17,124 �S rit e-s C-//�40wipfAtM ou Condominium Address Al. i e a.,.4.rt h. Z Legal Description of Lot/Parcel Being Platted Plat / Block Lot(s) Parcel Size Number of Units Number of Tr cts� Zoning te —vz General Plan Land Use Designation - �'/ Density Requested (Dwelling Units Per Acre) Applicant S iw I �� Day Phone O ST Zi p Address City lap Owner Day Phone Address City ST Zip Attachments Please list) )mow) o ^A ' r Signature of Owner I HERBY AUTHORIZE (Please Print) Date &A-440- �I�O—e� - TO FILE THIS APPLICATION. IV I Subscribed and sworn before me this day of 19 My Commission Expires Notary Public Seal TFH Case Number Fee Schedule Attached CC, — i 9 3 . gill; E 0 I T!{e� R9 lib IM 5 �e �M will O a fQ c'v —+ Z N C w LU �'L w0 cv cc A CD F- y o W L.E_ Z---- w d o J < I o g �reyy E, , 8 j 9 r-rr--=---� 8 tp p �Y t 3 M ' 0 0 s I i • JIM lu W-] �ag �9f 11 4l�d fl�l 1 TOWN OF FOUNTAIN HILL s PROCLAMATION o c AMATION � OFFICE OF THE MAYOR WHEREAS, the citizens of Fountain Hills, Arizona, rely on the delivery of superior town services to experience a high quality of life in our community; and ,- WHEREAS, town services such as fire, police, parks, public utilities, street maintenance, community center, library, and emergency ATC medical services are delivered each day to meet and exceed citizens' expectations; and WHEREAS, it is one of the responsibilities of town officials to ensure that legislators, media, and citizens understand their local government through open and frequent communication using various avenues and means; and WHEREAS it is important to work to e this connection �- p encoura g and in citizens of the importance of state shared revenues in order to preserve the excellent delivery of services that our citizens have come to expect in our town; and WHEREAS, through education and awareness, citizens, community leaders, and town staff can work together to ensure that by the Town Fountain Hills services provided of can remain exceptional elements of the quality of life of our community. NOW, THEREFORE, be it resolved that the Town of Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across the State of Arizona in declaring April 8 —12, 2002, "Strong Cities and Towns Week". We pledge to host an event this week in recognition of the superior services that cities and towns deliver statewide. Sharon Morgan, Mayor Town of Fountain Hills, Arizona Attest: Cassie B. Hansen, Town Clerk/Dir. of Administration 09 a TOWN of FOUNTAIN HILLS Community P P Development Department ment �tbat is An" MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Dana Burkhardt, Senior Planner �� SUBJECT: Case # CFW2002-01; Fill waiver request for 9706 Four Peaks Way, a single-family residence. DATE: March 29, 2002 This is a fill waiver request for approximately 2.5 feet of fill above the 10 feet allowed by the Zoning Ordinance. The building permit has been issued for this site without the need for a waiver. The Planning and Zoning Commission recommend Town Council approval with a 5-1 vote. Staff is recommending denial of this request. Please refer to the attached Staff Report for additional details regarding this request. If you have any questions, I can be reached at (480) 816-5138. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT APRIL 4TH, 2002 CASE NO: CFW2002-01 REQUEST: Consideration of a fill waiver to permit a retained fill approximately 2.5 feet in excess of the ten foot maximum allowed by ordinance. This request is for a single family building permit located at Firerock Parcel "J-2", Lot 7; aka 9706 Four Peaks Way. DESCRIPTION: OWNER: Sandor & Susan Grunbaum APPLICANT: Tony Woodrel, Woodrel Luxury Homes EXISTING ZONING: "RI-35H PUD" EXISTING CONDITION: Under Construction LOT SIZE: 37,505 square feet SURROUNDING LAND USES AND ZONING: NORTH: Vacant residential lot, zoned "R1-35H PUD". SOUTH: Vacant residential lot, zoned "RI-35H PUD" EAST: Vacant residential lot, zoned " R1-35H PUD " WEST: Firerock Golf Course, zoned "OSR-3 PUD". SUMMARY: This is a request by Tony Woodrel for a 2.5 foot retained fill in excess of the 10' maximum allowed by Section 5.11 (C)(4) of the Town of Fountain Hills Zoning Ordinance. The portion of the proposed fill in excess of ten feet is located in the northwest corner of the garage. The applicant has received a permit to develop this lot, Building Permit #2001-389, which proposes this portion of the garage to be framed with a crawl space below. The applicant is requesting to fill this portion of the garage floor rather than frame as it was approved on the building permit plans. EVALUATION: On rare occasions, staff has reviewed and permitted grading plans proposing to frame finished floors in lieu of requesting a fill waiver from Town Council. Builders typically do not prefer the construction method of framing finished floors, particularly in garages, however the Zoning Ordinance or Uniform Building Code does not restrict it. The applicant chose to frame this area and other portions of the home, aware of the additional costs and implications of framing, prior to building permit issuance. Staff believes there are design options that can mitigate the need for a fill waiver from Town P & Z and Staff Report CFW2002-01 March 29, 2002 Page 2 Council. The driveway slope may be increased to twelve or thirteen percent, which would allow the finished floors to be lowered approximately two to three feet from there existing elevations. The home may also be designed with lower garage elevations and additional steps to meet the existing finished floor elevations of the living areas. A combination of these suggestions would be relatively unnoticeable to the property owner, lower the overall building height of the garage and retaining walls viewed by the public, and provide heightened sensitivity to the natural topography. At the time of preliminary plat review, all lots and parcels within Firerock Country Club, as well as Eagles Ridge North and Eagles Nest, were reviewed for develop -ability without the need of a variance or waiver from Town Council. This lot was not considered a difficult or questionable lot to develop within the provisions of the Zoning Ordinance. On March 28`h, 2002, the Planning and Zoning Commission recommended the Town Council approve this fill waiver request with a 5-1 vote. The ascendant votes were in support of this fill request because of the relatively small area in question. Chairman Howes acknowledged that they should anticipate many more fill waiver requests in the future as the Firerock, Eagles Ridge North, and Eagles Nest lots develop. The Planning and Zoning Commission pointed out that fill waivers should be requested prior to permit issuance, rather than after. It was also acknowledged that this fill could have been easily mitigated prior to permit issuance, however, due to time constraints the applicant chose to frame this area rather than redesign. RECOMENDATION: The Planning and Zoning Commission recommends approval. Staff recommends denial of this fill waiver request, because the permit has been issued and the fill waiver was avoided through the building permit process. If the Town Council wishes to approve this request, staff would ask for a continuance with direction to prepare criteria for a Zoning Ordinance text amendment with which to evaluate this fill waiver and future requests. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid K tk (4 7 7 Accepted By Subdivision Name �1 7'/2 �T #7 �,¢,ecs�T-v2 Subdivider/Developer (Owner or Rep. Name) (Firm Name) Address Po /78 _ /Gz� /V � �,� �� Day Phone City jv,v �,¢�• /7�/L<— S ST Zip Planner/Engineer (Planner/Engineer Name) (Firm Name) Address Day Phone City ST umZip dreel Size (in acres) Proposed Number of Lots Lot Numbers) Affected 3 7, �S Sq Fr. CO.9�� �N� Ge7- Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet) Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. If application is being filed by an agent of the owner, please complete the following shaded ,section. Si of O ner l HERBYAUTHORIZE Please Print " Dates TO FILE THIS APPLICATION. S bed and s o be rem this day of :1g Notary Public � Lath '��ary put�ltr�taimne ly�j *. �'�': iiTffiiliJM1r.:f;��471ftl. ! (Seal) Fee: $300 TFH Case Number `16W JrA j WRo fiel ® LUXURY HOMES 2/22/02 Town of Fountain Hills Community Development Department To Whom It May Concern: In the process of designing the site plan for Lot #7, Parcel J-2, 9706 Four Peaks Way in Firerock, we lowered our drive and stepped our garage floors as much as possible. We still ended up with a 16' x 8' area at the rear of the lowest garage bay that required 11'-6" ± of fill. This area is inside the garage. To complete the permit process, we engineered the floor over -framing system as shown on the drawing submitted and approved for construction (Building Permit #01-389). We are requesting a fill waiver for this area. Please keep in mind that this area is inside the garage under the floor. The garage floor elevation isn't going to change. The floor would be placed on compacted fill instead of the floor over -framing system as shown on the drawings. Thank you for your consideration in this matter. Sincerely, Tony Woodrel Building Dreams for Over 30 Years AZ RES. #120991 PO Box 17840 Fountain Hills, AZ 85269 480-816-1144 phone 480-816-1133 fax AZ COM. #120990 ® TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Jesse Drake, Interim Director of Community Development J v? DATE: April 4, 2002 SUBJECT: Update report on the General Plan 2002 draft plan. To date, the following revisions are anticipated, or have been included in the General Plan 2002 draft document. Not all agencies have submitted reports. Mission statement revisions -attached. Historical section will have the following text addition: P Bar Ranch —part deeded private land, approximately 4500 acres of BLM land acquired by Page Land & Cattle Co. and their European partners as part of a land exchange for property at Point Reyes, California. Page Land & Cattle Co. intended to sell the land to the Duvall Mining Corporation, but instead, Bob McCulloch and Loren Pratt decided to purchase the property after a helicopter tour. Bob McCulloch later met with representatives of the European partners in Geneva, Switzerland. The meeting was held at Quay de Mont Blanc, where Bob McCulloch saw the inspiration for his new community when he saw a fountain at the end of the pier outside the window where the meeting was held. P 4 paragraph 2, line 2: change third to second Paragraph 2, line 3: change fourth to third through P 5 text revision: Community and Civic Center The newly completed Fountain Hills Community and Civic Center, located on La Montana Drive, between Avenue of the Fountains and El Lago Boulevard opened September 29, 2001. The Community Center facility , supplies 31,000 square feet of ballrooms and meeting rooms for valley -wide corporate meetings, local civic programming, art and educational classes as well as black tie events and wedding receptions. Adjacent to the Community Center is the new County Library. A local history museum is slated to open at the Civic Center site in 2002. P 7: Add Sewer to Sanitary Service title Add independent special district into text block P 11: Paragraph 4, delete last line, and add "Construction of community septic tanks and leach fields were abandoned when sewer collection lines became available." P 50: Objective 1.5, delete "sewers" P 55: Paragraph 7, line 3: change the word "stadium" to "bleacher" P 57: Objective 1.1, line 2: add "natural desert" between "permanent" and "open spaces" Objective 1.4, line 1-2: add "outside the wash corridors" after pathways. P 63 Signalized traffic control devices are found at the following intersections: Shea Boulevard/Saguaro Boulevard Shea Boulevard/Fountain Hills Boulevard Shea Boulevard/Palisades Boulevard Shea Boulevard/Eagle Mountain Parkway %W Palisades Boulevard/Fountain Hills Boulevard Palisades/Avenue of the Fountains Palisades Boulevard/Saguaro Boulevard P 68 Objective 1.3 Complete a study of the pedestrian/vehicular interaction in and around the Town Center to identify possible pedestrian crossing and/or traffic calming needs. P 70 Objective 3.3 Develop standards for bikeway systems along the roadway. Where appropriate,develop standards for pedestrian trails adjacent to wash corridors. P71 Objective 3.6 Encourage the expansion of the pedestrian sidewalk system when indicated by unacceptable levels of vehicular traffic as determined by the Town Engineer. P 76 WATER RESOURCES ELEMENT Existing Conditions Water Services The Town of Fountain Hills receives water from The Chaparral City Water Company, a subsidiary since 2000 of American States Water Company, which is regulated by the Arizona Corporation Commission. Chaparral City Water Company designed the water treatment and delivery system for the Town in 1989 when the company was a wholly owned subsidiary of MCO Properties. Chaparral Water Company controls supervision and maintenance of the operations. Both administrative offices and the maintenance warehouse are located in the Town. Water is obtained primarily from an allotment of Central Arizona Project (CAP), a nationally funded water reclamation project that delivers Colorado River water to Phoenix and Tucson through a surface canal system. Additional water is obtained from groundwater wells. Chaparral City Water Company treats the water with a filtering and clarification system that has been periodically upgraded. Water from the Central Arizona Project is treated and stored in a facility located near Fountain Hills Boulevard and Shea Boulevard. Additional water storage reservoirs are located throughout the Town. The Arizona Corporation Commission governs all utility rates including those set by The Chaparral City Water Company. The Arizona Department of Water Resources controls and regulates water quality issues. Wastewater The Fountain Hills Sanitary District, a separate governmental entity governed by an elected board, is responsible for the collection, treatment, and disposal of wastewater in Fountain Hills. The District owns, operates, and maintains a collection system, wastewater treatment facilities, and reclaimed water distribution and storage facilities. Reclaimed water is used to fill Fountain Lake and other Town lakes, irrigate three of the five Town park sites and irrigate SunRidge Canyon, Eagle Mountain and FireRock Country Club golf courses. In February of 2001, the Sanitary District completed facilities to further treat the reclaimed water and store it in the ground during the winter months when the demand for reclaimed water is low. The water is pumped out of the ground in the summer months for irrigation when the demand is high. 4 The Sanitary District is constantly upgrading its facilities to meet growth requirements and the ultimate capacity anticipated for community buildout. The District's office and its two treatment facilities are located in Town. The Sanitary District is currently upgrading and modernizing the facilities to designs and capacity anticipated for community buildout. The District office and treatment plant are located in town. Vision. Goals and Objectives Vision The Town will continue to support the supply of a safe and economical water supply and the expansion of water reclamation and reuse system. Goal One Reduce water usage. Objective 1.1 Continue to enforce the requirement for the installation of low-water use fixtures in all public facilities. Objective 1.2 Develop a public education program that will encourage the installation of low-water use fixtures for household use. Objective 1.3 Promote the development and distribution of public education materials explaining water conservation including the use of xeriscape landscaping and low-water use irrigation systems. Objective 1.4 Encourage new and re -development projects to be designed in a manner that limits water usage and that would be able to use reclaimed water for landscape irrigation should it become available. Objective 1.5 Examine the benefits and constraints of having the Town acquire The Chaparral City Water Company. Goal Two Support the expansion of the existing water reclamation system. Objective 2.1 Encourage the continued use of reclaimed water for all Town -maintained landscaping and park areas. Objective 2.2 Encourage the continued use of reclaimed water for all golf course irrigation. Objective 2.3 Continue to encourage the implementation of technical improvements to the existing water reclamation system as new technologies emerge. Objective 2.4 Examine the benefits and constraints of having the Town acquire the Sanitary District. P 79 The community consistently supports preservation and conservation efforts. Town leaders and citizens recognize the importance of natural wash areas, preservation of steep slopes, wildlife corridors and native plant communities and there is community -wide support for preservation, including a voter approved initiative to preserve wash corridors in their natural condition. P 80: Paragraph 4, line 3: add "and are protected from development by initiative" after undisturbed. P 83: Paragraph 5, line 4: delete reference to low flow water fixtures (as they are required by law) Paragraph 6: delete line 2. P 85: Objective 3.3: add "methods to expand" after Investigate Objective 4.2: delete last two words and add "irrigation systems." Objective 4.3: delete Color renderings of the plans for: Golden Eagle Park Four Peaks Park Desert Vista Neighborhood Park Fountain Park Will be added to Parks, Open Space Chapter. At a meeting scheduled with the Preservation Department of the City of Scottsdale on April 2nd, the coordination of the trail system between the two municipalities was reviewed. The trails, open space map is undergoing revision. Copies of all other revised maps accompany this report. Map revisions not yet completed: Existing and Proposed land use map needs to have a band of grey color added to Shea frontage at Target site and the four lots on the SE corner of Town, on the south side of Shea between the Town boundary and the commercial zone, change to MF High Density. A Glossary has been added, a copy accompanies this report. 0-A MISSION STATEMENT The Town of Fountain Hills has grown from the guiding hand of the founders into an independent, vibrant and vital family -oriented community where the conservation and preservation of the natural heritage and visual beauty of the surrounding is -are maintained. Residents revere the sense of closeness and small town feeling in a community dedicated to high quality schools and strive for diversity in neighborhoods that all have an E+ese adjacency to nature in common. Fountain Hills is committed to creating a Town that is attractive for small businesses, clean industry and village commerce, where the natural environment is preserved and protected, and where diverse housing is supplied in a+l tFaeRvebeautiful built e AVi FOR n9en develo m n . r GLOSSARY AASTO-American Association of State Highway and Traffic Officials ADT-Average Daily Traffic Alternative Fuel -non -gasoline fuels American States Water Company -parent company of Chaparral City Water Company ARS-Arizona Revise Statutes Bosque-a small group of trees CCWC- Chaparral City Water Company Chaparral City Water Company- independent water company providing potable water Communities Southwest -Developer of Eagle Mountain subdivision Dog Park -a public park where dogs have a fenced area to play off leash DU/AC-dwelling unit per acre Eagle Mountain -platted subdivision Eagles Nest -subdivision Eagle Ridge North -subdivision FireRock- platted subdivision Fountain Hills Sanitary District -independent agency providing sewerage services ITE-Institute of Transportation Engineers MAG-Maricopa Association of Governments McCulloch Corporation -company that purchased the land that became the Town of Fountain Hills MCO-McCulloch Corporation MGPA-Major General Plan Amendment MUTCD-Manual on Uniform Traffic Control Devices OSC-Open Space Conservation OSR-Open Space Recreational P-Bar Ranch -part of the original townsite land Page Land & Cattle Company -owner of P-Bar Ranch Plat 208-part of the Town Center development area PM-10-gradation measurement of the size of dust particles thrown into the air by passing vehicles Qwest Communications -provider of telephone, cable television and Internet access Ramada -an open-air structure R.O.W.-right of way RPTA-Regional Public Transportation Authority RUPD-Residential Unit Planned Development Rural/Metro Corporation -provider of fire protection services Skate Park Southwest Gas -provider of natural gas Special Event -large gathering that draws crowds of visitors SRP-Salt River Project, provider of electrical service SunCor-with MCO, developer of SunRidge Canyon SunRidge Canyon- platted subdivision Westridge- platted subdivision Xeriscape-style of landscaping using low-water irrigation systems and natural desert plants LEGEND SCHOOLS N LIBRARY ♦ FIRE STATION Q LAW ENFORCEMENT * TOWN HALL (Leased Space) C COMMUNITY CENTER ® WATER STORAGE TANK • WASTEWATER TREATMENT E ELECTRIC SUBSTATION P PUBLIC PARKS MCDOWELL MOUNTAIN REGIONAL PARK i i i i i i i i i i NORTH NTS General Ptan .2002 Town of Fountain Hies EXISTING COMMUNITY FACILITIES EXHIBIT 7 Chron 46 a �� �� off• 3 4 �tbat is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town ncil FROM: Randy L. Harrel, Town Engineer , THROUGH: Roy Pederson, Interim Town Manager DATE: March 29, 2002 RE: La Strada Condominiums Modification of Plat Stipulation La Strada Villas LLP (care of: McCasland Premier Builders), through their designer (Mike Snodgrass of KMS Properties) has requested to modify a final plat stipulation for the La Strada �4w. Condominiums plat, as follows: Original stipulation: The Town will pay $14,500 for two HDPE drainage pipes appurtenances and associated street improvements at the existing low water crossing of Mountainside Drive and Sunflower Drive. Request to add to stipulation: Or, the Developer will pay $14,500 to the Town of Fountain Hills in lieu of construction of these culverts. (Their request letter is attached). The proposed culvert is a low Town priority to construct; staff would prefer to build other, higher priority culvert projects. In the final plat for La Strada Condominiums, (rokpela Lot # 1, which is located on the east side of Mountainside Drive, at Sunflower Drive); the developer was required to construct two 42" additional diameter additional storm drain culverts crossing Mountainside Drive at Arrow Wash. The Town agreed to a 50% reimbursement amount totaling $14,500.00, in the plat stipulation. In a very major storm, the existing single, 42" culvert calculates as being unable to handle the design storm water flow. So, the water theoretically backs up and overtops Mountainside Drive, as shown in the attached flood plain map. However, to our knowledge, this overlapping has never actually occurred. Existing buildings are protected against this overlapping flow (and this project's buildings will likewise need to be so protected). LaStrada Condominiums modification of plat stipulation.doc 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Chron 46 This culvert improvement is a relatively low priority for the Town for the following reasons: (The subject location) Criteria Town Culvert Priority Mountainside Dr/Arrow Wash Street Type Arterial Street Minor collector Vehicle Speed & High Low (25 mph) Volume Alternate Access None; impassable; or long detour Several, nearby, passable routes Flow Duration Long Short Existing Culverts None, or very small capacity 1 /3 of 100-year capacity Major Flood Problems House flooding, diversion of flow None expected (Except maybe some erosion) lib Attachments: • Stipulation modification request Letter from Michael Snodgrass requesting to modify dated 3/15/02. • Flood Plain Map Cc: William Farrell Tom Ward LaStrada Condominiums modification of plat stipulation.doc 2 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 La Strada Villas LLP 16807 East Palisades Boulevard, Suite 101 Fountain Hills, Arizona 85268 March 15, 2002 Mr. Randy Harrel Town Engineer Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85268 Re: La Strada — Mountainside Drive Storm Drain Dear Randy: This letter is meant to memorialize our conversation of last Friday, March 8 h, regarding the subject improvements. As background, one of the stipulations of the La Strada project approval was the installation of additional storm drain piping at the adjacent dip crossing on Mountainside Drive. The installation was to be done by the developer with the Town contributing the sum of $14,500.00 to the effort. Our conversation concluded that it would be to the Town's benefit to reverse the roles in the earlier agreement, that is, that the developer would contribute $14,500.00 to the Town and the Town would make the improvements at a time of its choosing. If this letter accurately reflects your understanding of our discussion, please indicate so below and we forward the funds to the Town. Sincerely, K. Michael Snod ass Project Manager cc: Robert Bezemer Tom Ward Art Candelaria 0 Agreed: Randy Harrel Town Engineer o re --- 6— ��co MOT Mal M07 nn coonn -, _-,o !!Tool C., C., 14• 3 Cl o 0 n Cho, D tom ol 0 C, m ol .. ........ . L CY a. . . .. ..... . O� 03S ig • r, 33F I 03S 91 33S .. .... .... .......... ....... .......... ......... . . 0 9-0 .AkJ Cij E3 *4 Au z 1 4ft" Gib ff I \ I � �, ___ll � �, Page 1 of 1 Chron 45 O��TAIN ill %W 116 � 0 • �sr ,vs9 that is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town Council �! FROM: Randy Harrel, Town Engineer � ", J / , THROUGH: Roy Pederson, Interim Town DATE March 26, 2002 RE: Notification of Acceptance Grant of Easement EAA 01-11 Plat 433, Block 1, Lot 10 United Methodist Church The Fountains United Methodist Church has granted a 10' wide sidewalk easement along the Irw easterly and southerly sides of their property at the northwest corner of Fountain Hills Blvd and Glenbrook Blvd (30' wider at the northeast corner of the lot). The Fountain Hills School District is under design stipulation to construct an 8' wide meandering sidewalk along the outside of Lot 10 on the west side of Fountain Hills Blvd from Glenbrook Blvd to their south driveway entrance of the Fountain Hills Middle School (which is now under construction just north of Lot 10. This sidewalk will be designed to meander into the east easement. A proposed stipulation for the eventual church construction on Lot 10 includes a 6' sidewalk along this Lot 10 Glenbrook Blvd frontage, meandering into the southerly portion of the easement. (We understand that the easterly portion of that meandering sidewalk may also be built at the same time, by separate agreement between the Fountain Hills School District and the church.) /jb att. cc: Mark Lansberry/The Fountains United Methodist Church Rich Dobson/Fountain Hills School District Rick Serrano/CCBG Architects Jim Leubner Art Candelaria Gary Musgrave Tom Ward Jesse Drake EAA01-11 Grant of Easement United Methodist Church Plat 433, Blk 1, Lot 10 .doc When Recorded Return To: ° kw Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT The Fountains United Methodist Church, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: A public sidewalk, located within the southerly ten feet (10'), the easterly ten feet (101 and the northerly eighty feet (80') of the easterly thirty feet (30'); Lot 10, of Block 1, of Fountain Hills Plat 433, all in Section 1.0, `t ownship 3 North, Range 6 Easement of the G&SR B&M; Maricopa County, Arizona, as recorded in Book 156, Page 20, MCR. on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this 11*01 aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this 3&day of Y) Arc.1n,�2002. By: TITLE By: _--- -- TITLE STATE OF ARIZONA ) County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this,"` -!day of tAW42002, by or�ic�A� e�;SE ;L YVONNE PAR'.<S Notary Pudic - Ste'o of i :izon My c,rm. c, p re; July 17, 2CJ Notary Public My Co xpires• 7, aac VARIES 2MIN. EO LANZ) SG t�f 1CArE PL 16545 do Fo RANDY L p HARREL 9 TOWN OF FOUNTAIN HILLS TYPICAL SIDEWALK SECTION PLAT 433 BLOCK 1 LOT 10 10' S/W 55' ROW FOUNTAIN HILLS BLVD EASEMENT 42' ROW GLENBROOK BLVD VARIES 40't FH BLVD 32't G BLVD 8' S/W ON FOUNTAIN HILLS BLVD 2. 2 6' S/W ON GLENBROOK BLVD 3 STREET 0 EXIST WEDGE CURB \ \ \ \ VARIES EXIST 6.1 q PAVEMENT GENTLY MEANDERING 4" THICK, 3000 PSI N R SID A K ON 4" ABC, 0 5" I K CONCR E. 8' WIDE ON FOUNTAIN HILLS BLVD, 6' WIDE ON GLENBROOK BLVD SIDEWALK SECTION (TYP) I� 10 REVISION 13124 RANDY L. HARREL 71�\ i t TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION EXHIBIT "A" PLAT 433 BLOCK 1 LOT 10 PLAT 433 BOOK 156 PAGE 20 FOUNTAIN HILLS MIDDLE SCHOOL TOWN OF FOUNTAIN HILLS LOT 9 0 L A P/p SG F 16545 RANDY L. HARREL e S/9ned ' < �72DNA U •`''IP � I `r�� Z .... • O R=1442.00' N 8247'00 :::::::::'::::::: :' 90.pODOa 1 L=45.05' N 3 87.67' - _ GLENBROOK BLVD SCALE: 1*=60' a 3 — DATE: 1-14-02 _ _J Q 30 O , Iz 40' u ►- tOW ST SIGN do JDSCAPE ESMT 55'